CHAPTER 9 Mitigation Monitoring and Reporting Program

Transcription

1 CHAPTER 9 Mitigation Monitoring and Reporting Program 9-1

2 MITIGATION, MONITORING AND REPORTING PROGRAM DRAFT MITIGATION MEASURES, LLC/71 SM 8ME, LLC [CUP # , CUP # and CUP # ] (APNs , , , , and ) (CEQA Environmental Impact Report) AESTHETICS: MITIGATION MEASURE 3.1-1: The applicant shall clear debris from the project area at least twice per year; this can be done in conjunction with regular panel washing and site maintenance activities. The applicant shall erect signs with contact information for the applicant s maintenance staff at regular intervals along the site boundary. MITIGATION MEASURE 3.1-2: Project facility lighting shall meet OSHA-mandated requirements and be designed to provide the minimum illumination needed to achieve safety and security objectives. All lighting shall be directed downward and shielded to focus illumination on the desired areas only and avoid light trespass into adjacent areas. Lenses and bulbs shall not extend below the shields. MITIGATION MEASURE 3.1-3: Where appropriate, proposed on-site buildings shall use non-reflective materials as approved by the Imperial County Planning and Development Department. MITIGATION MEASURE 3.1-4: Solar panels and hardware shall be designed to minimize glare and spectral highlighting. To the extent feasible, emerging technologies shall be utilized that introduce diffusion coatings and nanotechnological innovations that will effectively reduce the refractive index of the solar cells and protective glass. These technological advancements are intended to make the solar panels more efficient at converting incident sunlight into electrical power, but have the tertiary effect of reducing the amount of light that escapes into the atmosphere in the form of reflected light, which would be the potential source of glare and spectral highlighting. (Monitoring Agency: Planning & Development Services Department) 1

3 AGRICULTURE: MITIGATION MEASURE 3.2-1: The applicant shall implement one of the following three measures to reduce the severity of impact to Non-Prime Farmlands: Option 1: Agricultural Conservation Easements on a 1 to 1 basis on land of equal size, of equal quality farmland, outside of the path of development. The Conservation Easement shall meet the State Department of Conservation s regulations and shall be recorded prior to issuance of any grading or building permits. Option 2: The Permittee shall pay an Agricultural In-Lieu Mitigation Fee in the amount of 20% of the fair market value per acre for the total acres of proposed site based on five comparable sales of land used for agricultural purposes as of the effective date of the permit, including program costs on a cost recovery/time and material basis. The Agricultural In-Lieu Mitigation Fee, will be placed in a trust account administered by the Imperial County Agricultural Commissioner s office and will be used for such purposes as the acquisition, stewardship, preservation and enhancement of agricultural lands within Imperial County. Option 3: The Permittee shall prepare and submit to Imperial County Planning Commission for approval three site restoration plans to return the soils on each solar site to its current agricultural condition. The restoration plans shall include site restoration cost estimates prepared by a California-licensed general contractor or civil engineer. The Permittee shall provide financial assurance/bonding in the amount equal to the site restoration cost estimates to return the lands to their current agricultural condition after the solar facilities ceases operation and closes. MITIGATION MEASURE 3.2-2: The Permittee shall prepare and submit to Imperial County Planning Commission for approval three site restoration plans to return the soils on each solar site to its current agricultural condition. The restoration plans shall include site restoration cost estimates prepared by a California-licensed general contractor or civil engineer. The Permittee shall provide financial assurance/bonding in the amount equal to the site restoration cost estimates to return the lands to their current agricultural condition after the solar facilities ceases operation and closes. The applicant shall also implement one of the following three measures to reduce the severity of impact from the temporary use of Prime Farmlands: Option 1: Agricultural Conservation Easements on a 2 to 1 basis on land of equal size, of equal quality farmland, outside of the path of development. The Conservation Easement shall meet the State Department of Conservation s regulations and shall be recorded prior to issuance of any grading or building permits. 2

4 Option 2: The Permittee shall pay an Agricultural In-Lieu Mitigation Fee in the amount of 20% of the fair market value per acre for the total acres of proposed site based on five comparable sales of land used for agricultural purposes as of the effective date of the permit, including program costs on a cost recovery/time and material basis. The Agricultural In-Lieu Mitigation Fee, will be placed in a trust account administered by the Imperial County Agricultural Commissioner s office and will be used for such purposes as the acquisition, stewardship, preservation and enhancement of agricultural lands within Imperial County. Option 3: The Permittee shall revise their CUP application/site Plan to avoid Prime farmland. MITIGATION MEASURE 3.2-3: The applicant shall reimburse the Imperial County Agricultural Commissioner s Office for the cost of investigating any complaints received about the operation of the project impacting nearby agricultural operations. (Monitoring Agency: Planning & Development Services Department) AIR QUALITY: MITIGATION MEASURE 3.3-1: A Fugitive Dust Control Plan shall be submitted to the ICAPCD for their review and the Permittee shall obtain ICAPCD s approval of applicable permits in order to reduce future emissions relating to the construction, operations, and maintenance activities, prior to issuance of building permits, to a less than significant level. As provided within the ICAPCD CEAQ Air Quality Handbook (2007), to further reduce impacts related to fugitive dust and equipment exhaust, the operator shall implement the following standard mitigation measures: ICAPCD Standard Measures for Fugitive Dust (PM10) Control All disturbed areas, including bulk material storage which is not being actively utilized, shall be effectively stabilized and visible emissions shall be limited to no greater than 20% opacity for dust emissions by using water, chemical stabilizers, dust suppressants, tarps or other suitable material such as vegetative ground cover. All on-site and off-site unpaved roads will be effectively stabilized and visible emissions shall be limited to no greater than 20% opacity for dust emissions by paving, chemical stabilizers, dust suppressants and/or watering. All unpaved traffic areas one acre or more with 75 or more average vehicle trips per day shall be effectively stabilized and visible emission shall be limited to no greater than 20% opacity for dust emissions by paving, chemical stabilizers, dust suppressants and/or watering. 3

5 The transport of bulk materials shall be completely covered unless six inches of freeboard space from the top of the container is maintained with no spillage and loss of bulk material. In addition, the cargo compartment of all haul trucks shall be cleaned and/or washed at delivery site after removal of bulk material. All Track-Out or Carry-Out shall be cleaned at the end of each workday or immediately when mud or dirt extends a cumulative distance of 50 linear feet or more onto a paved road within an urban area. Movement of bulk material handling or transfer shall be stabilized prior to handling or at points of transfer with application of sufficient water, chemical stabilizers or by sheltering or enclosing the operation and transfer line. The construction of any new unpaved road is prohibited within any area with a population of 500 or more unless the road meets the definition of a temporary unpaved road. Any temporary unpaved road shall be effectively stabilized and visible emissions shall be limited to no greater than 20% opacity for dust emission by paving, chemical stabilizers, dust suppressants and/or watering. ICAPCD Discretionary Measures for Fugitive Dust (PM10) Control Water exposed soil with adequate frequency for continued moist soil, including a minimum of three wettings per day during grading activities. Replace ground cover in disturbed areas as quickly as possible. Install automatic sprinkler system on all soil piles. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. Implement the trip reduction plan to achieve a 1.5 average vehicle ridership (AVR) for construction employees. Implement a shuttle service to and from retail services and food establishments during lunch hours. MITIGATION MEASURE 3.3-2: The operator shall implement the following standard mitigation measures for construction combustion equipment: ICAPCD Standard Measures for Construction Combustion Equipment Use alternative fueled or catalyst equipped diesel construction equipment, including all off-road and portable diesel powered equipment. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes as a maximum. Limit, to the extent feasible, the hours of operation of heavy duty equipment and/or the amount of equipment in use. Replace fossil fueled equipment with 4

6 electrically driven equivalents (provided they are not run via a portable generator set). Construction equipment operating on-site should be equipped with two to four degree engine timing retard or precombustion chamber engines. Construction equipment used for the projects should utilize EPA Tier 2 or better engine technology. Keep vehicles well maintained to prevent leaks and minimize emissions, and encourage employees to do the same. Standard Mitigation Measures for Construction Combustion Equipment Use of alternative fueled or catalyst equipped diesel construction equipment, including all off-road and portable diesel powered equipment. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes as a maximum. Limit, to the extent feasible, the hours of operation of heavy-duty equipment and/or the amount of equipment in use. Replace fossil fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set). To help provide a greater degree of reduction of PM emissions from construction combustion equipment the ICAPCD recommends the following enhanced measures. Enhanced Mitigation Measures for Construction Equipment Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak hour of vehicular traffic on adjacent roadways. Implement activity management (e.g., rescheduling activities to reduce short-term impacts) Implementation of the above-listed fugitive dust control measures was assumed to control PM10 emissions by 85%. (Monitoring Agency: Imperial County Air Pollution Control District/Fire/Planning & Development Services Department) BIOLOGICAL: MITIGATION MEASURE 3.4-1: Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the wildlife agencies verifies through non-invasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently 5

7 and are capable of independent survival. If occupied burrows are to be impacted by Project related activities, additional mitigation measures shall be applied (Mitigation Measure through 3.4-5). MITIGATION MEASURE 3.4-2: Preconstruction surveys shall identify any burrowing owls present on-site prior to ground-disturbing activities. All occupied burrows identified onsite shall be flagged for passive relocation (BIO MIT 3.4-6). A pre-construction survey is valid for 30 days. If ground disturbing activities do not commence within 30 days of the completion of the burrowing owl survey, an additional survey may be required. MITIGATION MEASURE 3.4-3: If preconstruction surveys determine that burrowing owls are onsite, a burrowing owl mitigation plan shall be prepared by a qualified biologist describing recommended site specific shelter-in-place measures, worker training, and/or other measures to ensure that project construction does not result in adverse impacts to the burrowing owl. MITIGATION MEASURE 3.4-4: All occupied burrows identified offsite within 160 feet of construction activities outside of nesting season (September through January) and 250 feet of construction activities during nesting season (February 1 through August 31) shall be buffered by hay bales, fencing (e.g. sheltering in place) or as directed by a qualified biologist and the wildlife agencies. MITIGATION MEASURE 3.4-5: Owls present on the construction site (as identified during preconstruction surveys Mitigation Measure 3.4-2) shall be moved away from the disturbance area using passive relocation techniques. Prior to commencement of relocation, a management plan shall be prepared and approved by CDFG. Relocation shall be completed between September 1 and January 31 (outside of breeding season). If it is not possible to complete relocation during this time period, refer to Mitigation Measure A minimum of one or more weeks is required to relocate the owls and allow them to acclimate to alternate burrows. Passive relocation techniques will follow the CDFG Staff Report on Burrowing Owl Mitigation Guidelines (1995) and include the following measures: Install one-way doors in burrow entrances. Leave doors in place for 48 hours to ensure owls have left the burrow Allow one or more weeks for owls to acclimate to off-site burrows (refer to Measure below). Daily monitoring shall be required for the passive relocation period. Once owls have relocated offsite, collapse existing burrows to prevent reoccupation. Prior to burrow excavation, flexible plastic pipe shall be inserted 6

8 into the tunnels to allow escape of any remaining owls during excavation. Excavation shall be conducted by hand whenever possible. Destruction of burrows shall occur only pursuant to a management plan approved by CDFG. MITIGATION MEASURE 3.4-6: Training for all construction personnel shall be conducted prior to the commencement of ground disturbing activities. Training shall include: (1) description of burrowing owl; (2) biology; (3) regulations (CDFG/USFWS); (4) contact information and SOP for when an owl is identified onsite by construction personnel. All construction personnel shall have access to this information in a printed form (e.g. brochure or flyer posted in construction trailers, informational wallet card distributed to construction personnel, or other form). MITIGATION MEASURE 3.4-7: Destruction of occupied burrows shall be mitigated through enhancement of existing unsuitable burrows (through enlargement or debris clearing) or creation of new burrows (by installation of artificial burrows) at a ratio of 2:1 on protected lands (mitigation lands). Prior to the destruction of burrows and/or the passive relocation of owls (Mitigation Measure 3.4-5), a MMRP shall be created and approved by the wildlife agencies. The MMRP shall include: A specific site (mitigation lands) where owl burrows will be created and/or enhanced which is a minimum of 50 meters from the impacted area. A minimum of 6.5 acres of foraging habitat per displaced owl or pair of owls to be conserved in conjunction with the creation and enhancement of burrows. A conservation easement or other protection for the mitigation lands which will ensure that the created burrows, foraging habitat (and their associated owl population) will be conserved in-perpetuity Specific success criteria and management directives to ensure the success of the burrow creation and enhancement (Example: 40% occupancy by passively relocated burrowing owls). Compatibility with any passive relocation plan (See Mitigation Measure 3.4-5) approved by the wildlife agencies. Annual reporting requirements. MITIGATION MEASURE 3.4-8: Salt grass or other cover crop will be planted within areas surrounding and underneath the solar panels once installation is complete. The current forage available on all sites is agricultural with occasional salt tolerant ruderal native and non-native grasses and forb species. The salt grass or other cover crop will mimic this vegetation type and maintain foraging habitat for burrowing owl. 7

9 MITIGATION MEASURE 3.4-9: The project proponent (8 Minute Energy) shall provide funding for long-term management and monitoring of the off-site mitigation lands (Mitigation Measure and Mitigation Measure 3.4-7). A MMRP shall be created that should include specific success criteria, remedial measures, and an annual report to the wildlife agencies. MITIGATION MEASURE : All construction and ground disturbing activities shall take place outside of the raptor breeding season (February 1-August 30). If this is not possible, a focused survey for active nests of raptors and migratory birds within and in the vicinity of (no less than 500 feet outside project boundaries, where possible) the project construction activities shall be conducted by a qualified biologist a maximum of 14 days prior to any construction or ground-disturbing activities. If active nest(s) are identified within or near the project site, the appropriate wildlife agencies shall be notified regarding the status of the nest(s). A 500 foot setback from any active nesting location and/or reduction of noise levels (if appropriate) shall be created to avoid disturbance of the nest until the young have fledged or the nest has been abandoned, as determined by a qualified biologist. MITIGATION MEASURE : Raptor detractors shall be placed on all utility poles constructed as part of the Cluster I Solar Farm project to prevent the establishment of nests on or near the construction site. MITIGATION MEASURE : A construction personnel environmental awareness training shall be established and implemented prior to construction to educate the construction personnel on special status species with a medium to high potential to occur in the area (Table 3.4-2). The worker environmental awareness training shall be conducted concurrently with burrowing owl training (Mitigation Measure 3.4-6). The training shall include: (1) species description, (2) biology, (3) regulations (CDFG/USFWS), (4) contact information and SOP for when a special-status species is identified onsite by construction personnel. All construction personnel shall have access to this information in a printed form (e.g. brochure or flyer posted in construction trailers, informational wallet card distributed to construction personnel, or other form). MITIGATION MEASURE : The following BMPs shall be implemented during construction to reduce impacts to special status species and habitat within and adjacent to the project site: Construction equipment and associated activities shall be limited to the project routes in areas that support sensitive species. 8

10 All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in solid, closed containers and removed at the end of each working day from the entire construction site. Cleaning of construction vehicles and equipment prior to entering the project site (e.g. removal of seeds, sticks and other vegetation parts) to prevent the introduction of invasive species onto the project site shall be conducted. All fueling of construction vehicles and site shall be within designated areas and using appropriate protection measures. Nighttime construction shall be minimized to the maximum extent feasible. All construction equipment and vehicles shall be turned off when not in use to minimize ambient noise produced by the Project. No pets or weapons will be allowed onto the project site. (Monitoring Agency: CDF&G/USF&WS/Planning & Development Services Department) CULTURAL: MITIGATION MEASURE 3.5-1: Retention of a qualified architectural historian. The project proponent shall retain a qualified architectural historian, defined as an architectural historian meeting the Secretary of the Interior s Standards for architectural history (Department of the Interior, 2008), to carry out all mitigation related to resources CA-IMP-8166H and CAL-1. MITIGATION MEASURE 3.5-2: Documentation and evaluation of resources CA-IMP-8166H and CAL-1. The qualified architectural historian shall fully document resources CA-IMP-8166H and CAL-1 and evaluate them for their eligibility to the National Register and California Register. The results of the study shall be documented in a technical report, which shall also provide recommendations for the treatment of these resources. MITIGATION MEASURE 3.5-3: Preparation of treatment plan if avoidance is not feasible. If resources CA-IMP-8166H and CAL-1 and determined to be eligible and avoidance is not feasible, then prior to issuing any grading or excavation permits and prior to any project-related ground disturbing activities a detailed treatment plan shall be prepared and implemented by the qualified architectural historian. Treatment of significant resources shall follow appropriate State and local regulations. The treatment plan shall include provisions for reporting of results within a timely manner and dissemination of reports to local and State repositories, libraries, and interested professionals. 9

11 MITIGATION MEASURE 3.5-4: Cease work if prehistoric or historic archaeological resources are discovered during ground-disturbing activities. In the unlikely event that subsurface cultural materials are identified during project construction or maintenance, all ground-disturbing activities should halt in the immediate area until the significance of the find can be determined in accordance with the provisions of CEQA Section This determination shall be made by a qualified archaeologist (defined as an archaeologist meeting the Secretary of Interior s Standards for archaeology), in consultation with County staff and Native American representative(s), if the resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist in order to mitigate impacts to archaeological resources, the project proponent will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. Work may proceed on other parts of the project site while mitigation for archaeological resources is being carried out. Prior to the commencement of grading, workers conducting grading activities and their supervisors shall receive proper training from a qualified archaeologist regarding the potential for sensitive archaeological resources to be unearthed during these grading activities. The workers shall be directed to report any unusual specimens of bone, stone, ceramics or other archaeological artifacts observed during grading and/or other construction activities to their supervisor and to cease grading activities in the immediate vicinity of the discovery until a qualified archaeologist is notified, and assesses the discovery. MITIGATION MEASURE 3.5-5: Halt work if paleontological resources are identified during construction. In the event potentially significant paleontological resources are encountered, the contractor shall halt surface disturbing activities in the immediate area and notify the County Planning and Development Services Department. The project proponent shall retain a qualified paleontologist to make an immediate evaluation of the significance and appropriate treatment of the encountered paleontological resources. Construction activities may continue on other parts of the site while evaluation and treatment of the discovered paleontological resources takes place. MITIGATION MEASURE 3.5-6: Halt work if human remains are identified during construction. In the event that any human remains or related resources are discovered on the project site, such resources shall be treated in accordance with applicable federal, State, and local regulations and guidelines for disclosure, recovery, relocation, and preservation, as 10

12 appropriate. All construction affecting the discovery site shall cease until, as required by CEQA Guidelines, Section (e), the human remains are evaluated by the County Coroner for the nature of the remains and cause of death. Public Resources Code (PRC) Section requires that the immediate vicinity where the discovery occurred is subject to no further disturbances, is adequately protected according to generally accepted cultural and archaeological standards, and that further activities take into account the possibility of multiple burials. If the remains are determined to be of Native American origin, the Native American Heritage Commission shall be asked to designate a Most Likely Descendant to establish procedures for the disposition of the remains. All parties involved would ensure that any such remains are treated in a respectful manner and that all applicable local, State, and federal laws are followed. (Monitoring Agency: Planning & Development Services Department) GEOLOGY AND SOILS: None Required GREENHOUSE GAS EMISSIONS: MITIGATION MEASURE 3.7-1: Diesel Equipment (compression ignition) Offset Strategies (40% to 60% reduction) Construction equipment operating on-site shall be equipped with two to four degree engine timing retard or pre-combustion chamber engines. MITIGATION MEASURE 3.7-2: Vehicular Trip (spark ignition) offset strategies (30 % to 70% reduction) Encourage commute alternatives by informing construction employees and customers about transportation options for reaching your location (i.e. post transit schedules/routes) Help construction employees ride share by posting commuter ride sign-up sheets, employee home, zip code, map, etc. The project proponent must also adhere to Rule 310 Operation Development Fee requirements for the construction of all buildings associated with project such as the Operations and Maintenance building. A construction and operational Dust Control Plan must be prepared and submitted to the Air District 10 days prior to any earth moving activity. The project proponent must ensure that visible dust emissions (VDE) are limited to 20% opacity at all times. A copy of the Dust Plan is to be kept at the site at all times. 11

13 Should any transformers/generators be used at the property as part of the project, the project proponent must submit an Authority to Construct/Permit to Operate application to the Air District. (Monitoring Agency: Imperial County Air Pollution Control District) HAZARDS: None Required HYDROLOGY AND WATER QUALITY: None Required LAND USE: None Required NOISE: MITIGATION MEASURE : The project applicant shall incorporate the following requirements into the construction contract specifications: Equipment and trucks used for construction shall use the industry standard noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically-attenuating shields or shrouds, wherever feasible). Stationary noise sources shall be located as far from adjacent receptors, whenever feasible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. Signs shall be posted at the construction sites that include permitted construction days and hours, a day and evening contact number for the job site, and a contact number in the event of problems. An onsite complaint and enforcement manager shall respond to and track complaints and questions related to noise. The construction contractor shall implement the use of sound blankets or sound walls along the southern portion of the Calipatria property lines located between the proposed site and the adjacent residences. Such attenuation measures could be expected to reduce noise levels by 8 to 10 dba. Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered 12

14 tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. External jackets on the tools themselves shall be used where feasible. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible. (Monitoring Agency: Planning & Development Services Department) PUBLIC SERVICES: None Required TRANSPORTATION: None Required UTILITIES AND SERVICE SYSTEMS: None Required 13